By registering your hotel, hotel room, accommodation, service or product on betterhotelroom.com and associated mobile and web sites (the betterhotelroom.com sites), and or by allowing or permitting your hotel, hotel room, accommodation, service or product to be sold or available for sale on the betterhotelroom.com web sites you acknowledge, accept and agree irrevocably to these terms and conditions.
Definitions
“Affiliates” means a 3rd party person or entity which has a business or other relationship with BHR.
“BHR” means the company Better Hotel Rooms Pty Ltd (ACN 607 694 397) and the web site betterhotelroom.com
“Customer” means the person, company or other legal entity that books the room and or services of a hotel through the BHR web site/s.
“Web Site/s” means the web sites accessible through the URLs betterhotelroom.com and any other URL owned by BHR.
“Hotel” means Hotel proprietor or supplier of hotel rooms, or provider or operator of accommodation, or persons or entities authorized to act on their behalf as a provider, agent, operator, manager, or by other arrangement, or a party to this agreement.
“Hotel Proprietor” means hotel or resort or accomodation provider.
“Hotel rooms” means rooms located within a hotel which may from time to time be available to be sold and or booked on BHR.
“No Show” mean where a customer does not arrive and or checks into a hotel room/s the subject of a booking.
Operative Terms
BHR may amend the terms and conditions between the hotel and BHR at any time, and at its discretion. The hotel proprieter acknowledges and accepts that any amendment to these terms on this site is an amendment to the terms and conditions between the hotel and BHR, notwithstanding when the hotel and BHR first entered into this agreement, and notwithstanding whether the hotel proprietor has earn and or read the amendments.
As a hotel proprietor you guarantee that you will maintain up to date information about the hotel rooms and or services made available to BHR to be booked and or reserved by a customer on the BHR web site/s including:
- The correct room booking rate
- The correct rack rate for each type of hotel room
- The conditions upon which each hotel room is available for booking by a customer
- The room facilities available within each room
- The hotel facilities available to each booked room
- The closure of facilities during any period where a hotel room/s is available to be booked, including but not limited to the closure of any room facility, or hotel facility for any reason
- The hotel contact information including phone numbers, email addresses, manager’s names, bank account details or any other contact information.
If it is deemed necessary in order to provide a link between the hotel and BHR, BHR will pay the cost of linking the hotel booking system to the BHR web site/s, and if necessary will develop an API to suit the hotel software. However as a condition of this service the hotel agrees to maintain a booking system, or information technology system, to ensure that the booking system or information technology system at all times remains compatible with the BHR API and reservation system.
The Hotel proprietor will provide BHR, at its cost, images and electronic files of images (images) of selected hotel facilities, of the street view of the hotel, of hotel rooms and of each hotel room type made available through BHR. The Hotel proprietor agrees that BHR may use, publish or distribute these images, at its discretion, for any purpose associated with the marketing of the hotel and hotel rooms, and or hotel services, on the BHR web site/s. The Hotel proprietor represents and warrants to BHR, and to third parties and BHR affiliates, that these images are up to date and an accurate image and that the images are not misleading or deceiving or in any way misrepresent the facilities, the street view of the hotel or the room type/s.
The Hotel proprietor indemnifies irrevocably BHR for any action loss or claim in relation to the supply of images to BHR, or by allowing or permitting BHR to use images on the BHR web site/s arising out of a misleading or deceptive representation of the hotel facilities or the street view of the hotel, or the room types or for any misrepresentation in relation to the hotel facilities, or the street view of the hotel, or the room types.
The Hotel Proprietor agrees that it is a fundamental term of this agreement that it will honour all bookings at the hotel made on the BHR web site/s in accordance with the terms and conditions of the booking including the room type, the use of facilities and the period of the booking.
BHR and the Hotel proprietor agree that monies paid by a BHR customer for a booking at the hotel will be held by BHR, not in trust, for the Hotel proprietor, until the end of the period the subject of the booking on the BHR web site/s. BHR agrees to electronically transfer the booking amount less commissions and costs to the Hotel, into a nominated bank account of the hotel on receipt of an invoice from the hotel, or the 14th day of each month, after the month where the booking at the hotel was completed. This amount will be the sum of the hotel booking fee less the commission to BHR, and less GST. The Hotel Proprietor agrees that BHR will also deduct from this amount payments, if any, in relation to advertising and promotional costs the subject of any additional written agreement between BHR and the Hotel. The Hotel proprietor irrevocably authorizes BHR to deduct any monies owed to BHR for any reason from the booking payment/s received by BHR.
Where one or more bookings has been completed within the previous month BHR agrees to provide an electronic statement by the 15th day of the month to the Hotel Proprietor reconciling all payments made by a customer on the BHR web site/s in relation to the hotel, including details of commissions, advertising costs, if any, and GST.
BHR and the Hotel proprietor agree to do all such things necessary to assist each other in proving and verifying input tax credits, tax rebates, tax refunds and with holding taxes.
The Hotel proprietor agrees that the hotel will provide the services and room to the standard booked by the customer. If the Hotel proprietor cannot provide the room and or services to the standard booked by the customer the Hotel proprietor will provide a better service, and or room at no cost to the customer or BHR. If the Hotel proprietor cannot provide the room and or services to the customer as booked, then the Hotel proprietor will locate at its expense and pay for an alternative room and or services at another hotel suitable to the customer and to BHR. The hotel proprietor will notify BHR in writing of any changes provided to the customer the subject of this clause.
The Hotel proprietor will advise BHR in writing of any no show . BHR will advise the Hotel Proprietor of any alternative arrangements made in relation to the no show, subject to the booking and cancellation policy of the hotel.
The Hotel proprietor agrees not to use the logos and or trademarks and or business name of BHR and its associates entities without first obtaining permission in writing from BHR.
Extended Agreement
The Hotel Proprietor will notify BHR, in writing, of any changes, or proposed changes, of ownership of the hotel and BHR, at its absolute discretion will advise whether it agrees to enter into a new agreement with the new owner of the hotel.
The Hotel Proprietor irrevocably agrees to allow BHR, without any prior notice, to sell rooms and or services of the hotel by way of its related parties, or affiliates, or its partners.
Indemnity
The Hotel and or the Hotel proprietor irrevocably agrees to indemnify BHR, or servants and agents, or its employees, and affiliates in relation to:
- Any express or implied breach of the agreement
- Any errors in relation to information provided to BHR by the Hotel ProprietorAny breach in relation to intellectual property rights; Any loss or damage or injury, or loss of life
- Any quiet enjoyment in relation to the rooms and services provided to the customer by the Hotel
- The use of the BHR web site/s
- Any other regulatory breach in relation to the hotel
Licences and Insurances
The Hotel Proprietor undertakes that the hotel will hold and maintain all licences necessary to lawfully provide hotel rooms and services to a customer. The Hotel proprietor agrees that the hotel will at all material times hold a current certificate of public liability insurance of at least $10 million Australian dollars.
Commission Rate
BHR charges a commission rate of 10% of the gross booking rate, including GST.
Hotel Proprietor Price Guarantee
The Hotel proprietor guarantees that the gross rate offered to BHR in relation to each individual room is no greater that the gross rate offered by the Hotel or to any other 3rd party. The Hotel proprietor guarantees that the rack rate offered to BHR in relation to each individual room is no greater that the rack rate offered by the Hotel or to any other 3rd party.
Hotel Proprietor Availability Guarantee
The Hotel proprietor guarantees that the availability of rooms offered to BHR will be no less than the availability of rooms offered by the hotel or offered to any other 3rd party.
Termination
BHR may at its absolute discretion, and at any time, and without any notice, remove from sale any room or rooms or services from the BHR web site/s.
The Hotel proprietor agrees to notify BHR immediately if the hotel becomes the subject of administration, or receivership, or bankruptcy, or any scheme of arrangement by the hotel creditors. In these circumstances this agreement is immediately terminated.
BHR may terminate this agreement immediately if the Hotel Proprietor or the hotel is in breach this agreement
Legal Relationship
Nothing in this agreement means that there is a relationship or partnership or joint venture between BHR and the Hotel and or Hotel proprietor.
The parties agree that this agreement is subject to the laws of the Australian Capital Territory, and that any claim or action can only be commenced in the Australian Capital Territory.
